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Is CBD Legal in Massachusetts? State Hemp Rules in 2026

Massachusetts allows some non-food hemp CBD products but bans CBD and THC in food and drinks and hemp delta-8. Checked November 5, 2026.

Last checked: Based on official sourcesNot legal advice.

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In short

As of November 5, 2026, hemp is legal in Massachusetts, and the Department of Agricultural Resources (MDAR) licenses hemp growers and processors. In guidance first published in 2019, MDAR says non-food CBD products, such as lotions, may be sold if they make no medical claims and are not marketed as dietary supplements.[1, 2, 3]

State health and agriculture officials say adding hemp-derived CBD or THC to food or drinks made or sold in Massachusetts is illegal. MDAR also does not allow hemp-derived delta-8 THC products to be made or sold in the state.[4, 5, 6]

A 2026 cannabis law, Chapter 65 of the Acts of 2026, tells the Cannabis Control Commission to study how to regulate the hemp-derived cannabinoid market and publish its findings by December 15, 2026.[7]

At a glance

Is CBD Legal in Massachusetts? State Hemp Rules in 2026
TopicStatus
Is CBD legal?Partly. Hemp itself is legal. In guidance first published in 2019, MDAR allows non-food CBD products for people, such as lotions, if they make no medical or therapeutic claims and are not sold as dietary supplements, unless the FDA has approved them. CBD in food and drinks is not allowed.[2, 3, 4]
Hemp definition and THC limitMassachusetts defines hemp as cannabis with no more than 0.3% delta-9 THC on a dry weight basis, or no more than 0.3% delta-9 THC and THCA combined. MDAR tests for total THC using the formula delta-9 THC + (THCA × 0.877).[1, 8]
CBD in food and drinksNot allowed. The Department of Public Health and MDAR say, in guidance first published in 2019 and repeated in a 2024 joint notice, that adding hemp-derived CBD or THC to food or drinks made or sold in Massachusetts is illegal. This includes bottled water, sodas and "full-spectrum" extracts. Hemp seeds, hemp seed protein and hemp seed oil are allowed. THC edibles and drinks sold under the Cannabis Control Commission are a separate, licensed market. A pending bill, S.2663, would regulate hemp-derived drinks much like alcohol. It is a bill, not law.[4, 5, 9]
Intoxicating hemp products (delta-8, THCA flower and similar)Largely not allowed. MDAR prohibits making or selling hemp-derived delta-8 THC products anywhere in the state, because it says they are usually made synthetically and remain a controlled substance. In guidance first published in 2019, MDAR also bars wholesale and retail sale of raw hemp flower meant for consumers. Because the state hemp definition counts THCA, flower above 0.3% delta-9 THC and THCA combined does not meet the definition, in our reading.[1, 3, 6]
Minimum ageWe could not find a statewide minimum age for buying hemp CBD products in general stores in Massachusetts law as of November 5, 2026. Hemp products sold in Cannabis Control Commission-licensed marijuana stores may not be sold to anyone under 21.[3, 10]
Who can sell itHemp growers and processors need an MDAR license. In guidance first published in 2019, MDAR says it regulates only the wholesale market and does not require a license for retail stores selling allowed hemp products. Under 2022 Cannabis Control Commission guidance, marijuana retailers, medical marijuana establishments (called medical marijuana treatment centers before April 19, 2026) and delivery operators may also sell consumer-ready hemp products from MDAR-licensed sources. Stores with alcohol licenses may not sell food or drinks with hemp CBD or THC.[3, 5, 7, 10, 11]
Labels and lab testingMDAR tests hemp crops for THC before harvest. We could not find state labeling or lab-testing rules for CBD products sold in general retail stores in official sources as of November 5, 2026. In licensed marijuana stores, hemp products must come with a set warning insert, and hemp used to make marijuana products needs a full-panel certificate of analysis from a Commission-licensed lab.[8, 10, 12]
Medical and adult-use marijuanaMassachusetts has both, overseen by the Cannabis Control Commission. Since April 19, 2026, adults 21 and older may possess up to 2 ounces of marijuana, up from 1 ounce. They may keep up to 10 ounces at home and grow up to 6 plants, with no more than 12 per home.[7, 13]
November 12 and December 11, 2026Massachusetts has its own hemp definition and does not point to the federal one, though it already counts THCA. From November 12, 2026, federal law drops products with cannabinoids the plant cannot make naturally. The rest of the federal change, including a 0.4 mg total THC cap per container, is set for December 11, 2026, unless Congress delays it again. State law says hemp sold by marijuana businesses must comply with U.S. Department of Agriculture rules, and the Commission's hemp study must cover federal changes. In our reading, the state's ban on CBD and THC in food already goes further than the federal change.[1, 4, 7, 14, 15, 16]

How Massachusetts defines hemp

Under M.G.L. chapter 128, section 116, hemp is cannabis with a delta-9 THC concentration of no more than 0.3% on a dry weight basis, or no more than 0.3% delta-9 THC and THCA combined. The marijuana law (chapter 94G) uses the same definition and leaves hemp out of the definition of marijuana.[1, 17]

MDAR tests crops before harvest for total THC, using the formula delta-9 THC + (THCA × 0.877). Hemp may be grown, processed and sold only for research and for commercial uses the agriculture commissioner considers reasonable.[2, 8, 12]

CBD in food, drinks and supplements

In guidance first published in 2019, the Department of Public Health (DPH) says food made or sold in Massachusetts may not contain hemp-derived CBD or THC, because the FDA treats them as drug ingredients. The ban covers licensed food makers, restaurants and other food businesses, bottled water and soft drinks, and products with "full-spectrum," "broad-spectrum" or "whole plant" hemp extracts.[4]

On May 29, 2024, DPH and MDAR issued a joint notice repeating that CBD and THC may not be added to food or drinks. The next day, the Alcoholic Beverages Control Commission told liquor licensees to pull such food and drinks, alcoholic or not, from shelves right away, or risk losing their licenses. Neither notice applies to marijuana products under the Cannabis Control Commission.[5]

In guidance first published in 2019, MDAR also bars wholesale of CBD products marketed as dietary supplements or with therapeutic claims, unless the FDA has approved them, and animal feed containing hemp. Hulled hemp seeds, hemp seed protein and hemp seed oil may be used in food. For cosmetics, DPH points to FDA rules, which do not ban cannabis ingredients as such.[3, 4]

Delta-8, hemp flower and other intoxicating products

In a December 12, 2022 memo, MDAR said delta-8 THC in consumer products is usually made synthetically from CBD and remains a controlled substance. Using its power to decide reasonable commercial uses of hemp, MDAR prohibited making and selling hemp-derived delta-8 products in Massachusetts.[2, 6]

In guidance first published in 2019, MDAR does not allow raw hemp flower meant for consumers to be sold at retail, because single flowers may test above 0.3% THC even when a crop passes. Any retail sale of raw hemp flower may be subject to inspection by law enforcement.[3]

Lawmakers have looked at broader rules. A 2025 bill, H.168, would have had the Cannabis Control Commission regulate intoxicating hemp products. It was folded into a new draft cannabis bill, H.4160, in May 2025. The cannabis law signed on April 19, 2026, did not set hemp product rules. Instead, it ordered a Commission study covering licensing, testing, age limits, retail sales and taxes, and changes in federal law.[7, 18, 19]

Another bill, S.2663, would regulate hemp-derived drinks much like alcohol. It is a new draft of an earlier bill, S.222. A legislative committee reported it favorably on November 10, 2025, and sent it to the Senate Ways and Means Committee. As of November 5, 2026, that was the last action listed. It is a bill, not law.[9]

Who can sell hemp products

Anyone who grows, processes or sells industrial hemp commercially needs an MDAR license, and hemp seed must come from an approved distributor. In guidance first published in 2019, MDAR says it regulates only the wholesale market. It does not require a license for retail stores, and it says its wholesale guidance generally applies to retail sales too.[2, 3, 11]

Under 2022 Cannabis Control Commission guidance, licensed marijuana retailers, medical marijuana treatment centers and delivery operators may sell consumer-ready hemp products from MDAR-licensed producers. The products must be shown in a separate section, may not be sold to anyone under 21, and must come with a warning insert that the product is not regulated by the Commission. The guidance was written before the 2026 cannabis law. Since April 19, 2026, state law calls medical marijuana treatment centers "medical marijuana establishments."[7, 10, 17]

The 2026 state study and the federal change

Chapter 65 of the Acts of 2026 ("An Act modernizing the Commonwealth's cannabis laws") took effect on April 19, 2026, as an emergency law. Section 64 tells the Cannabis Control Commission, working with DPH, MDAR and other agencies, to study the hemp-derived cannabinoid market. It must publish the results on its website by December 15, 2026.[7]

From November 12, 2026, federal law no longer treats products with cannabinoids the plant cannot make naturally as hemp. The rest of the federal definition, including total THC counting and a 0.4 mg total THC cap per container, is set for December 11, 2026, unless Congress delays it again.[15, 16]

Massachusetts already counts THCA in its definition and already bans CBD and THC in food and drinks. In our reading, the federal change may matter most for non-food hemp products and for hemp used by marijuana businesses, which state law requires to comply with U.S. Department of Agriculture rules.[1, 4, 14]

What changes next

  1. First federal hemp change

    From November 12, 2026, products with cannabinoids the plant cannot make naturally fall outside the federal hemp definition.[15, 16]

  2. Rest of the federal hemp definition

    Set for December 11, 2026, unless Congress delays it again: total THC counting and a 0.4 mg total THC cap per container.[15, 16]

  3. Hemp market study due

    Deadline for the Cannabis Control Commission to publish its study and recommendations on regulating hemp-derived cannabinoids.[7]

Who regulates hemp and CBD

Timeline

  1. DPH guidance on CBD in food

    DPH published guidance that CBD and THC may not be added to food sold in Massachusetts.[4]

  2. MDAR guidance on hemp product sales

    MDAR published which hemp products may be wholesaled, excluding CBD food and raw flower for consumers.[3]

  3. CCC hemp guidance

    The Cannabis Control Commission let marijuana retailers sell consumer-ready hemp products to adults 21 and older.[10]

  4. MDAR delta-8 memo

    MDAR prohibited making and selling hemp-derived delta-8 THC products.[6]

  5. Joint DPH and MDAR notice

    The agencies repeated that hemp CBD and THC may not be added to food or drinks; the ABCC told liquor licensees to remove them on May 30.[5]

  6. Hemp drink bill advances

    S.2663, a new draft of S.222 that would regulate hemp-derived drinks much like alcohol, was reported favorably and sent to Senate Ways and Means. It is a bill, not law.[9]

  7. Cannabis law modernized

    Chapter 65 of the Acts of 2026 raised the adult possession limit to 2 ounces and ordered a hemp market study.[7, 13]

Sources

Show 19 references
  1. M.G.L. c. 128, § 116: Definitions applicable to Secs. 117 to 123
  2. M.G.L. c. 128, § 117: Industrial hemp; regulation; acquisition of seed
  3. FAQs: Sale of Hemp-Derived Products in the Commonwealth (MDAR, published October 15, 2019)
  4. CBD and THC in Food Manufactured or Sold in Massachusetts (DPH, published June 12, 2019)
  5. ABCC Advisory Regarding Food and Beverages Containing Hemp Derived CBD and/or THC on Licensed Premises (issued May 30, 2024, with DPH/MDAR notice of May 29, 2024)
  6. MDAR Hemp Program memo: Delta-8 THC (December 12, 2022)
  7. Acts of 2026, Chapter 65: An Act modernizing the Commonwealth's cannabis laws
  8. Hemp in Massachusetts: FAQs (MDAR)
  9. Bill S.2663 (194th General Court): An Act to regulate hemp-derived beverages like alcohol
  10. Cannabis Control Commission, Guidance on Hemp (revised January 2022)
  11. M.G.L. c. 128, § 118: Purposes for which industrial hemp may be planted, grown, harvested, possessed, processed or sold; registration and licensure
  12. M.G.L. c. 128, § 122: Inspection and testing program
  13. M.G.L. c. 94G, § 7: Personal use of marijuana
  14. M.G.L. c. 94G, § 12
  15. Public Law 119-37 (November 12, 2025), Division B, Sec. 781: amendments to the definition of hemp (7 U.S.C. 1639o)
  16. Continuing Appropriations and Extensions Act, 2027, Public Law 119-103 (September 2, 2026), Sec. 2019: Section 781 extension
  17. M.G.L. c. 94G, § 1: Definitions
  18. Bill H.168 (194th General Court): An Act requiring the Cannabis Control Commission to regulate intoxicating hemp products
  19. Bill H.4160 (194th General Court): An Act modernizing the commonwealth's cannabis laws

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About this page

This page is a plain summary of official texts; it is meant to inform and is not a substitute for legal advice. Rules can change and differ from place to place: before you decide, we suggest checking the official text and, if needed, talking to a lawyer. If you spot a change or an error, let us know through our contact form.